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For non-cognizable offences the Magistrate empowered to take cognizance under section 190 CrPC. Under section 156(3) CrPC the Magistrate is competent to direct the police to register the case, investigate the same and submit the challan/report for cancellation. (2003 P.Cr.L.J.1282) Ingredients of Section 154
According to Section 15 of the CrPc, a judicial magistrate is under the general control of the Sessions Judge and is subordinate to the Chief Judicial Magistrate. [ 2 ] According to Section 29 of the CrPc., a Judicial Magistrate of First Class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten ...
Courts of Judicial Magistrate of Second Class are at the lowest hierarchy of the Criminal Court structure in India. [1] According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of Second Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a ...
Constitution Of Criminal Courts And Offices Chapter 3 Clauses 21 to 29 Power Of Courts Chapter 4 Clauses 30 to 34 Powers Of Superior Officers Of Police And Aid To The Magistrates And The Police Chapter 5 Clauses 35 to 62 Arrest Of Persons Chapter 6 Clauses 63 to 93 Processes To Compel Appearance Summons (63 to 71) Warrant Of Arrest (72 to 83)
Courts of Metropolitan Magistrate are at the second lowest level of the Criminal Court structure in India According to the Section 16 of the Criminal Procedure Code, 1973 (CrPc),in every metropolitan area, there shall be established as many courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.
The Chief Judicial Magistrate inspect the court and office of other Magistrates, functioning in the district and make monthly inspection of jail/lock up.The CJM Court has the power to conduct preliminary inquiries into criminal cases, issue search warrants, and grant bail to accused persons.
The District courts of India are established by state governments for every district or group of districts, taking into account the number of cases and population distribution. These courts are under administrative control of the state's High Court. Decisions are subject to the appeal to the High Court. [25]
Courts of Metropolitan Magistrates is a type of magistrate courts those are situated in a division headquarter or metropolitan city, found in many countries (e.g., India, [1] Bangladesh [2]). The presiding officers of such Courts get appointed by the High Court. The High court appoints Chief Metropolitan Magistrate for every metropolitan court.